Roff v. Town Of Calhoun

Citation36 S.E. 214,110 Ga. 806
PartiesROFF et al. v. TOWN OF CALHOUN et al.
Decision Date12 May 1900
CourtSupreme Court of Georgia

TOWN BONDS—VALIDATING BY SOLICITOR GENERAL.

A solicitor general has no authority, after the expiration of 20 days from the date of the service upon him of the notice provided for by the act of December 6, 1897, relating to "the confirming and validating of" bonds, to file the petition by this act prescribed, and such a petition, if filed too late, cannot be made the basis of any valid judicial action.

(Syllabus by the Court.)

Error from superior court, Gordon county; A. W. Fite, Judge.

Action by Aaron Roff and others against the town of Calhoun and others. From a judgment declaring the bonds of such town valid, Roff and others bring error. Reversed.

Harkins & Dodd and R. J. & J. MeCamy. for plaintiffs in error.

Cantrell & Ramseu' and Saml. P. Maddox, Sol. Gen., for defendants in error.

LUMPKIN, P. J. On the 6th day of December, 1897, the general assembly passed an act "to provide for the confirming and validating of all bonds which may hereafter be issued for counties, municipalities, or divisions, under paragraphs 1 and 2, section 7, article 7, of the constitution of 1877, and for other purposes." In the first section it is declared, in substance, that whenever, in any county, municipality, or other political division of this state, an election shall be held for the purpose of determining whether or not there shall be an issue of bonds, the authorities charged with the duty of declaring the result thereof must, in case the returns of the election show prima facie that it was in favor of the issuance of bonds, notify the solicitor general of the facts relating to the holding of such election and its result. The next section in explicit terms declares that, "within twenty days from the date" of such service upon the solicitor general, he shall prepare and file in the office of the clerk of the superior court of the county in which the election was held a petition, in the name of the state and against the county, municipality, or other division desiring to issue bonds, setting forth all the facts in the case. Thereupon the judge must issue an order requiring the defendant to show cause why the bonds in question should not be confirmed and validated. The act further provides for the service of such petition, for the making of parties thereto, and for the hearing of the same. See Acts 1897, pp. 82-85. The manifest purpose of this act is to obtain in the cases therein provided for a judicial determination of the question whether in each particular instance the...

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1 cases
  • Spencer v. City Of Columbus
    • United States
    • Georgia Supreme Court
    • 18 d5 Junho d5 1920
    ...52 S. E. 15; Durrence v. States boro, 147 Ga. 175, 93 S. E. 88; Crawley v. State, 150 Ga.—, 102 S. E. 898. The ruling in Roff v. Calhoun, 110 Ga. 806, 36 S. E. 214, to the effect that the provision requiring the solicitor general to file the petition "within twenty days from the date of" se......

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